redundancy and work visas

[coldupnorth]

Our company are going through a number of redundancies, whilst at the same time (IT company) also 'offshoring' a lot of work. However, a proportion of these 'offshore' staff are acquiring work visas to work in the UK and in effect directly replace those people being made redundant (same jobs and same job titles). They are not however employees of our company. Nevertheless I am wondering if they should be getting work visas as we are laying off staff - due to 'lack of demand' at the same time?

[buildersmate]

Ah, so your employer is pulling a fast one and claiming jobs are redundant when they are outsourcing the jobs to a third party provider (if this is really happening within the UK).
In which case TUPE applies (Transfer of Undertakings, Protection of Employment) and you are entitled to transfer to be an employee of the outsourced company on the same terms of conditions of employment that you currently have.
That may or may not be good news to you.
There is a clear process of operating TUPE and your company appears to be out of line.
Talk to ACAS about TUPE - here's a starting point.
http://www.acas.org.uk/index.aspx?articleid=16 55